The Position of Ijbar Rights in Perspective Islamic Law and Human Rights
DOI:
https://doi.org/10.22373/ujhk.v6i1.17374Keywords:
Ijbar Rights, Islamic Law, Human RightsAbstract
This article aims to illustrate the concept of ijbar according to Islamic religious law based on the opinion of jurists about the right to force a girl (ijbar right) to marry owned by her guardian even without her consent because a guardian is considered to be the one who knows best about what is best because women are considered not proficient in formulating things that are best for her, Therefore, consent is not a priority that ultimately monopolizes women's interests and has the potential to cause violence against women, therefore this article tries to describe ijbar rights according to the perspective of Islamic Law and Human Rights.
References
Atabik, Ahmad, and Khoridatul Mudhiiah, 'Marriage and the Wisdom of Islamic Legal Perspectives', YUDISIA: Journal of Legal Thought and Islamic Law, 2 (2014)
Aziz, Safrudin, 'Javanese Traditional Marriage Traditions of the Palace Forming the Sakinah Family', IBDA': Journal of Islamic and Cultural Studies, 15 (2017)
Haq, Husnul, 'Reformulation of the Right of Ijbar Fiqhi in the Challenge of Contemporary Gender Issues', PALASTREN, 8.1 (2015).
Hidayat, Syaiful, 'The Right of Ijbar Wali Nikah in the Historical Study of Fiqh Shâfi'î,' Tafáqquh: Journal of Islamic Research and Studies, 3 (2015)
Indonesia, Republic, 'President of the Republic of Indonesia', 1999
Izzati, Arini Robbi, 'The Power of Ijbar Rights on Girls from Fiqh and Human Rights Perspectives', Al-Mawarid, 11.2 (2011).
Lutfi Hakim, Muhammad, 'Reconstruction of the Rights of Ijbar Wali (Application of Ibn Al-Qayyim Al-Jawziyyah's Theory of Legal and Social Change)', Al-Manahij: Journal of Islamic Legal Studies, 8 (2014)
United Nations General Assembly, 'Universal Declaration Of Human Rights', iii, 1948.
Mughniyah, Muhammad Jawad, 'Fiqh Lima Mazhab', in Fiqh Lima Mazhab, 2007.
Muhammad, Husein, Women's Fiqh, 1st edn (Yogyakarta: IRCiSoD, 2019)
Nasution, Khoiruddin, Marriage Law: Complemented by Comparative Laws of Kontenporer Muslim Countries (Yogyakarta: ACAdeMIA+TAZZAFA, 2005)
Law of the Republic of Indonesia Number 39 of 1999 (Republic of Indonesia, 1999).
Downloads
Published
Issue
Section
License
Authors who publish in El-Usrah: Jurnal Hukum Keluarga agree to the following terms:
Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. (See The Effect of Open Acces)